ML20045E202
| ML20045E202 | |
| Person / Time | |
|---|---|
| Issue date: | 03/25/1992 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20044B465 | List: |
| References | |
| FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-017, AD3-2-17, NUDOCS 9307010248 | |
| Download: ML20045E202 (58) | |
Text
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UNITED STATES 8
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MAR 2 51992 MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
SUBJECT:
MINOR AMENDMENTS TO THE PHYSICAL PROTECTION REQUIREMENTS, 10 CFR PARTS 70, 72, 73, AND 75 Enclosed for your signature is a final rule to be published in the Federal Reaister that amends 10 CFR Parts 70, 72, 73, and 75 which cover the physical protection of special nuclear material (Enclosure A).
These amendments will (1) supplement the definitions section, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and (6) make other minor changes. The amendments are the result of a systematic review of NRC's safeguards regulations.
Backaround: The NRC Safeguards Interoffice Review Group has conducted'a systematic review of the Agency's safeguards regulations and guidance documents to identify areas in the regulations that are out of date, inconsistent, or' susceptible to differing interpretations.
In doing so, the review group identified other areas in the' regulations where minor changes.are warranted. The NRC published in the Federal Register on August 15, 1989 (54' FR 33570) proposed amendments consisting of minor corrections and changes to its regulations that cover the physical protection of special nuclear material. The comment period ended on September 29, 1989.
Public Comments: Three letters of comment were received:
two from. nuclear power plant licensees and one from NUMARC, an umbrella organization of the nuclear power industry. All three commenters addressed only the amendment that would restore the inadvertently omitted sentence in S 73.55 (d), Access Requirements.. The sentence reads:
" Access to vital areas for the purpose of general familiarization and other nonwork-related activities may not' be authorized except for good cause shown to the licensee." One commenter stated that the access restrictions should be withdrawn to allow tours of the vital areas. The other two commenters asserted that the sentence needs clarification. These comments are addre'ssed'in the
SUMMARY
OF PUBLIC COMMENTS section of the Federal Registar notice.
Backfit Analysis:
The Staff has determined that a'backfit analysis is not required for this-final rule because these' amendments do not impose new requirements on existing 10 CFR Part 50 licensees.
9307010248 930512 PDR PR 70 57FR33426 PDR
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James M. Taylor.
2-MAR 2 51992 Notices: A notice to the' Commission that the EDO has signed this rule.is enclosed for inclusion in the next Daily Staff notes (Enclosure B). The appropriate Congressional Committees will be notified (Enclosure C).
Coordination: The Offices of Administration, Nuclear Material Safety and Safeguards, and Nuclear Reactor Regulation have concurred in these amendments-by memo. The Committee to Review Generic Requirements has considered this rulemaking package and agrees that it does not require review. The Office of the Ceneral Counsel stated by phone on July 18, 1991, that it has no legal objection.
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Eric S. Beckjord, Di rector t
Office of Nuclear Regulatory Research -
Enclosures:
A.
Federal Register Notice of' Final Rulemaking B.
Daily Staff Notes Items C.
Congressional Letters l
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LONG DISPLAY:
Final Minor Amend / Pts -70,72,73,75 CREATED:
07/16/92!
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. AUTHOR:
Stan Turel
, REVISED:
TYPIST:
TIME:-
5 EXCERPT:
1 MEMORANDUM FOR:
David L. Meyer, Chief Regulatory Publications Dranch Division of Freedom of Information and-s Publications, Services 4
' Office of' Administration FROM:
John Telford, Actirig Chief l
' Regulation. Development. Branch Division of Regulatory Applications ',
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' Office.of Nuclear Regulatory Research:
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SUBJECT:
' IMPLEMENTATION OF EDO ACTION: LFINAL MINOR" AMENDMENTS T0 THE PHYSICAL PROTECTION _
~
REQUIREMENTS, 10 CFR. PARTS 70, 72,:73,,AND-75:
-Amendments.
the EDO hasfapproved th's final rule;onLMinor.
By-signature date July 114; 1992, Please irnplement the? ED0's : action by' arranging, for publicationLof the ' enclosed.
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final rule' in the Federal Reaister.
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Enclosed is a Congressional 11etter package' for transmittal. to 0CA.
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-t Aporoved for Publication The Commission delegated to the ED0 (10 CFR 1.31(a)(3) the authority-to develop and promulgate rules as defined.in the APA (5 U.S.C. 551 (4))
subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Directive for Operations, paragraphs 0213, 038, 039, and 0310.
The enclosed final rule entitled " Minor' Amendments to the Physical Protection Requirements" amends 10 CFR Parts 70, 72, 73,-and 75, to:
(1) supplement the definitions sections, (2) delete action dates that no-longer apply, -(3) correct outdated terms and cross referenees, (4) clarify' wording that is susceptible to differing interpretations, (5) correct typographical errors, and-(6) make other minor changes-.
This final rule neither constitutes a significant question of policy, nor amends regulations contained in 10 CFR Parts 7, 8, or 9 Subpart-C concerning matters of policy.
I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
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3 Notices: A notice to the~ Commission that the EDO has signed this rule is
. enclosed for inclusion in the next Daily Staff notes (Enclosure _B)..
The appropriate Congressional-Committees will' be~ notified (Enclosure C).
Coordination: The Offices. of Administration,. Nuclear Material Safety and-Safeguards, and Nuclear Reactor. Regulation have concurred,in'these amendments by memo.. The Committee to Review Generic Requirements has considered this rulemaking package and agrees that it _does not require' review. The Office of' the General Counsel stated by phone on July 18,_1991 that it-has'no legal-objectior..
ORIGINAL SIGNED BT Eric S. Beckjord, Director-Office of Nuclear Regulatory Research
Enclosures:
A.
Federal Register Notice of Final Rulemaking B.
Daily Staff Notes Items _.
C.
Congressional Letters s
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A notice to the Comission that the EDO has signed this rule J[
Notices:
enclosed for inclusion-in the next Daily Staff notes'(Enclosure B).
fie appropriate Congressional Committees will be notified (Enclosure C Coordination:. The Offices of Administration, Nuclear Material y fety and Safeguards, and Nuclear Reactor Regulation have concurred in piese amendments by memo. The Committee to Review Generic Requirements has c,onsidered this rulemaking package and agrees that it does not require rev,lew. The Office of the General Counsel stated by phone on July 18, 1991 that'it has no legal objection.
Eric S. Be ord, Director Office f' Nuclear Regulatory Research
Enclosures:
A.
Federal Register Notice of Final Rulemaking B.
Daily Staff Notes Items
'C.
Congressional Letters Distribution:
[MA.0GC]
Reading Files \\SBala/
Subj-circ-chron l dur EBeckjord CHeltemes BMorris
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CH mes EBeckjord Date: 02/03/ 2 02/25/92 02/28/92 03/16/92 03/16/92 03 92 03/ /92 0FFICIAL RECORD COPY p;QDm D: MMS e c.
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n James M. Taylor 3
Notices: A notice to the Commission that the EDO has signed this rule is enclosed for inclusion in the next Daily Staff notes (Enclosure B). The appropriate Congressional Committees will be notified (Enclosure C).
Coordination: The Offices of Administration, Nuclear Material Safety and Safeguards, and Nuclear Reactor Regulation have concurred in these amendments by memo. The Committee to review Generic Requirements has considered this rulemaking package and agrees that it does not require review. The Office of the General Counsel stated by phone on July 18, 1991 that it has no legal objection.
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosures:
A.
Federal Register Notice of Final Rulemaking B.
Daily Staff Notes Items f
C.
Congressional Letters
/
/
,/
/
/
/
/
Distribution:
[MA.0Gd]
Subj-circ-chron
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Reading Files \\SBahadur EBeckjord CHeltemes-BMorris FCostanzi JTelford j(
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- SEE PREVI CURRENCES 7N Offe: RDB:DRA:RES RDB:DRA:RES RDB:DRA S D:DRA:
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'Name: STurel:lc* /JTelford* ' SBahadu stanz -
BMorri' CHeltemes EBeckjord-Date: 02/03/92 02/25/92.
02/22y92 6/92 02/f,/92 02/ /92 02/ /92' 0FFICIAL CORD COPY
James M. Taylor 3
Notices: A notice to the Commission that the ED0 has signed this rule is enclosed for inclusion in the next Daily Staff notes '(Enclosure B)... Th e appropriate Congressional Committees will be notified (Enclosu,re C).
Coordination: The Offices of Administration, Nuclear Material Safety and :
Safeguards, and Nuclear Reactor Regulation concur in these' amendments. The Committee to review Generic Requirements has considered 'this rulemaking package and agrees that it'does not require review..The Office of the General Counsel has no legal objection.
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosures:
A.
Federal Register Notice of Final Rulemaking B.
Daily Staff Notes Item
-C.
Congressional Letter l
Distribution:
[MA.0GC]
Subj-circ-chron Reading Files \\SBahadur
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EBeckjord
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Name:
LDate: '02/03/ 2 02/g/92-02/ -/92 02/ /92 h/ /92 02/ /92 02/' /92 0FFICIAL RECORD COPY
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James M. Taylor 2
Backfit Analysis: The Staff has determined that a backfit analysis is t
required for this final rule because these amendments do not impose m e stringent safety requirements on 10 CFR Part 50 licensees which woul impose backfits as defined in 10 CFR 50.109(a)(1).
Notices: A notice to the Commission that the EDO has signed is rJ1e is enclosed for inclusion in the next Daily Staff notes (Enclo re B). The appropriate Congressional Committees will be notified (En osure C).
Coordination: The Offices of Administration, Nuclear aterial Safety and Safeguards, and Nuclear Reactor Regulation concur i these amendments. The.
Committee to review Generic Requirements has cons ered this rulemaking package and agrees that it does not. require rev w.
The Office of the General Counsel has no legal objection.
Er c S. _ Beckjord, Director fice of Nuclear Regulatory Research
Enclosures:
A.
Federal Register Notice of Final Rulemaking B.
Daily Staff Notes Item C.
Congressional Letter A
Distribut n:
[MA.0GC]
Subj-cir -chron Readin Files \\SBahadur EBeck ord CHel emes
=BMo is FC stanzi h
J elford 5Turel Offe:
RDB:DR/
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STurel JTelford SBahadur FCostanzi BMorris CHeltemes EBeckjord Date:
01/d3 2 0$/ /92 g / /92 01/ /92 02/ /92 01/ /92 03/ /92 0FFICIAL RECORD COPY
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o UNITED STATES g
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NUCLEAR REGULATORY COMMISSION g.
WASHINGTON, D. C. 20555 k.w j/
MAR 0 3 1992 L
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MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
SUBJECT:
MINOR AMENDMENTS TO THE PHYSICAL PROTECTION REQUIREMENTS, 10 CFR PARTS 70, 72, 73, AND 75 Enclosed for your signature is a final rule to be published in the Federal Reaister that amends 10 CFR Parts 70, 72, 73, and 75 which cover the physical protection of special nuclear material (Enclosure A).
These amendments will (1) supplement the definitions section, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and (6) make other minor changes. The amendments are the result of a systematic review of NRC's safeguards regulations.
Backaround: The NRC Safeguards Interoffice Review Group has conducted a systematic review of the Agency's safeguards regulations and guidance documents to identify areas in the regulations that are out of date, inconsistent, or susceptible to differing interpretations.
In doing so, the review group identified other areas in the regulations where minor changes are warranted. The NRC published in the Federal Reaister on August 15, 1989 (54 FR 33570) proposed amendments consisting of minor corrections and changes to its regulations that cover the physical protection of special nuclear material. The comment period ended on September 29, 1989.
Public Comments: Three letters of comment were received:
two from nuclear power plant licensees and one from NUMARC, an umbrella organization of the nuclear power industry. All three commenters addressed only the amendment that would restore the inadvertently omitted sentence in 9 73.55 (d), Access Requirements. The sentence reads:
" Access to vital areas for the purpose. of general familiarization and other nonwork-related activities may not be authorized except for good cause shown to the licensee." One commenter stated that the access restrictions should be withdrawn to allow tours of the vital areas. The other two commenters asserted that the sentence needs clarification. These comments are addressed in the
SUMMARY
OF PUBLIC COMMENTS section of the Federal Reaister notice.
Backfit Analysis: The Staff has determined that a backfit analysis is not required for this final rule because these amendments do not impose new requirements on existing 10 CFR Par,t 50 licensees.
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c. .V t. James M. Tay1or-2- M A :. 3 199; Notices: A notice to the Commission that the E00 has signed this rule is enclosed for inclusion in the next Daily Staff notes (Enclosure B). The appropriate Congressional Committees will be notified (Enclosure C). Coordination: The Offices of Administration, Nuclear Material. Safety and Safeguards, and Nuclear Reactor Regulation have concurred in these amendments-by memo. The Committee to Review Generic Requirements has considered this. rulemaking package and agrees that it does not require review. The Office of the General Counsel stated by phone on July 18, 1991, that it has no legal objection. Vi .~, d s. ( :,1 ) Eric S. Beckjord, Di!rector. Office of Nuclear R6gulatory Research
Enclosures:
A. Federal Register Notice of Final Rulemaking. B. Daily Staff Notes Items C. Congressional Letters -J l l l _l ) i I
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9-t i ? a h ENCLOSURE A 1 i e f a
g c. 1 [7590-01] NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 70, 72, 73, and 75 1 RIN: 3150-A003 Minor Amendments to the Physical Protection-Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations that cover the physical protection of special nuclear material. These amendments will (1) supplement the definitions section, (2) delete -action dates that no longer apply, (3) correct' outdated terms and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and (6) make other minor changes. The amendments are the result of a systematic. review of-NRC's _ safeguards regulations.
EFFECTIVE DATE: [ Insert a date 30 days after publ'ication in'the Federal Realster.] f 1
3-FOR FURTHER INFORMATION CONTACT: Stanley P. Turel, Regulation Development Branch,. Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone -(301) 492-3739; Priscilla Dwyer, Domestic Safeguards Branch, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301).504-2478; or Donald M. Carlson, Reactor Safeguards Branch, Division of Reactor Inspection and Safeguards, Office.of Nuclear Reactor. Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 504-3212. SUPPLEMENTARY INFORMATION: The NRC Safeguards Interoffice Review Group has conducted'a systematic-review of the Agency's safeguards regulations and guidance documents.to identify areas in the regulations that are out of date, inconsistent, or q susceptible to differing interpretations. In doing so, the review group identified other areas in the regulations where minor changes are warranted. The NRC published in the Federal Register on August 15, 1989 (54 FR 33570), proposed amendments consisting of minor corrections and changes to its . regulations identified by the review group that cover the physical protection of rpecial. nuclear material. The comment period ended on September 29, 1989. 'The changes'are summarized here with a brief discussion. 1. The substance.of paragraphs (b), (c), and (d) of 10'CFR 73;40_has been moved to Appendix C of 10 CFR Part 73 and' combined with the safeguards-contingency plan cr cifications-already there. The requ'irement for having a 2 a ~ ?
.N L 1 safeguards contingency plan is. included in each of the sections of the-regulations covering security requirements for the specific class of. licensee (i.'e., il 73.20, 73.25, 73.26, 73.40, 73.46, 73.55, 73.60). 2. To avoid possible confusion, definitions of the commonly L sed terms Category 1, Category II, and Category III have been added to the definitions sections of 10 CFR Parts 70 and 73. A formula quantity of strategic special nuclear material is sometimes referred to as a Category I quantity of material; special nuclear material of moderate strategic significance is sometimes referred to as a-Category 11-quantity of material; and special nuclear material of low strategic significance is sometimes referred to as a Category III quantity of material. The current regulations do not include these category designations, although. they are sometimes used. 3. Inconsistencies among the general auditing requirements have been removed for the safeguards contingency plans and physical security programs of transportation and fuel cycle licensees who posse's Category I matepial. s Inconsistencies in both the content of the audits and resultant follow. up actions have been eliminated. The record retention period for results of these audits is being made' consistent at 3 years.- 4. A definition for the term " contiguous sites" has been added to 10 CFR Parts 70 and 73. In the final definition, the words:"...means. locations subject to the control of a licensee,..." have been grammatically changed to read "...means ' licensee controlled locations,...." In addition, the words ...and for the possession, use, or storage of special nuclear material..." have been deleted from the d9finition since the'y generally appear in the-introductory language of applicable regulations. Action dates that:have r ? 3 1
s passed have been eliminated. The outdated term " industrial sabotage" has been replaced by the current term " radiological sabotage." Incorrect references to parts of the regulations that have been moved or deleted have been corrected. Paragraph designations in references, in other parts of the regulations, to definitions in 6 70.4 have been removed because those designations were deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR 14051). Several_ areas in the regulations have been clarified where the wording was susceptible to differing interpretations. The notification requirement for changes to the safeguards contingency plan that do not decrease the plan's effectiveness has been revised to require'that the original be sent to the NRC headquarters office with a copy to the regional office, instead of vice versa. Finally, several typographical errors have been corrected.
SUMMARY
OF PUBLIC COMMENTS .l Three letters of comment were received: two.from nuclear power plant. licensees and one from NUMARC, an umbrella organization of the nuclear power. industry whose membership includes every utility responsible -for constructing or operating a commercial nuclear power plant in the United States. Copies of comment letters are available for public inspection and copying for a fee at. the NRC Public Document Room at 2120 L Street NW, (Lower Level), Washington,. DC. All three commenters. addressed only the ' amendment that would restore the sentence inadvertently omitted,;while amending'the physical protection requirements in 1986, from15 73.55 (d),. Access Requirements..It reads: 4 F
s-1 .4 " Access to vital areas for the purpose of general familiarization and other nonwork-related activities may not be authorized except for good cause shown to.the licensee." This sentence follows the requirement in 6 73.55 (d)(7)(i) that the licensee " Establish an access authorization system to limit unescorted access to vital areas during non-emergency conditions to individuals who require access in order to perform their duties." The first commenter stated that the restrictions, presumably made explicit by the inserted sentence, should be withdrawn to allow tours with the provision of appropriate security measures to ensure plant safety and that "This change would limit access to nuclear plant vital areas even when under escort." Another commenter asserted that the inserted sentence "needs clarification" but did not specify what additional clarification was. required. The third commenter stated that it would be beneficial if a definition of " good cause" were provided by the Commissiun in the rule and if additional guidance were provided as to what constitutes nonwork-related activities. The NRC agrees that the subject sentence is not clear, particularly with respect to how it applies to escorted persons, and has decided not to' reinsert the sentence. As stated in item 5 of-the Supplementary Information published with the proposed rule, the NRC was concerned that the inadvertent. omission of the sentence would be construed as a "' signal' that vital areas could be ' opened up' to 'public sightseeing tours' or 'open house visitswithout close -licensee oversight." The NRC continues to be concerned.about unnecessary escorted personnel traffic in vital areas, especially the control room, but considers that licensee security' plans generally provide an. adequate basis. for the control of such practice. The NRC concludes that licensee security plans, in implementing 10'CFR 73.55(d)(7), would not permit licensees to grant access' t 5 m-
s b. 4 to persons, either unescorted or escorted, who have no legitimate purpose for I such access. Further, prior to granting escorted access, licensees would consider the number of visitors each escort would be allowed.to monitor and other controls. Means of achieving the purpose of the visit without entering vital areas also would be considered (e.g., touring the control room simulator .rather than the control room).. Examples of legitimate small tours, which might include brief access to vital areas, are. visits by government officials, the press, or local science teachers. In summary, visitors should not be permitted access to vital areas at operating sites unless'there is a good reason and due consideration is given to plant-and personnel safety.and radiological concerns. Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in the categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation. Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et .i s eq.-). Existing requirements.were approved under the Office of Management and Budget approval number 3150-0009 for Part 70, a'pproval number 3150-0132 for .Part 72, approval number 3150-0002 for Part 73,'and approval number 3150-0055 t 6 E
~_ 7 .{- for Part 75. Regulatory Analysis These minor amendments. impose no new restrictions or requirements,.and therefore, have no significant impact. Accordingly,- a regulatory analysis is-considered not necessary and has not been prepared. Regulatory Flexibility Certification-As required by the Regulatory Flexibility Act of 1980 ( 5' U.S.C. 605(b)), the Commission certif.ies that this' rule will not have a'significant1 ~ -economic impact on a substantial number of small entities. The amendments,- ass promulgated, are very minor in nature and the impact on any licensee.is1 minimal. In-the matter of reporting certain changes-to the security program, the amendments merely reverse who--. receives.the original and who receives the. copy. The other changes are of an administrative nature andc therefore,-do J not alter the current implementation.of.the regulations byja licensee. Backfit Analysis' ~ The NRC has determined that the backfit rule,-10 CFR:50.109, do'es not apply to this final rule because these amendments do 'not impose requirements' i on' existing 10 CFR Part: 50 licensees. :Therefore, a backfit: analysis isinot. required.for this. final rule. ] 7 .t
o e s i List of Subjects in 10 CFR Parts 70, 72, 73, and 75 Part 70 - Criminal penalties, Hazardous materials - Transportation, ' Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material. Part 72 - Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security l measures, Spent fuel. Part 73 - Criminal penalties, Hazardous materials -- Transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and b reactors, Reporting and recordkeeping requirements, Security measures. Part 75 - Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. ~ For the reasons set out in the preamble and under the authority of the' j Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following-amendments to 10 CFR Parts 70, 72, 73, and 75. l r l PART 70 -- DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL 'l. The authority citation for Part 70 is. revised to read as follows: Authority: Secs. 51, 53, 161, 182, 183, 68 Stat.-929, 930, 948p 953, 954, as amended, sec. 234, 83 Stat. 444. as'ame'nded (42 U.S.C. 2071,.2073, ~ 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, f 8 1
'4 P as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). 9 Sections 70.1 (c) and 70.20a (b) also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939'(42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C.'2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); il 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24 (a) and (b), 70.32(a)(3),(5),(6),(d), and (i), 70.36,-70.39 (b) and (c), 70.41(a),. 70.42 (a) and (c), 70.56, 70.57 (b), (c), and (d), 70.58 (a)-(g)(3), and (h)- (j) are-issued under sec. 161b, 1611, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(1) and 2201(o)); il 70.7, 70.20a (a) and (d), 70.20b (c) and (e), 70.21(c), 70.24(b), 70.32 (a)(6), (c), (d), (e), and (g), 70.36, 70.51 (c)-(g), 70.56, 70.57 (b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. I 2201(i)); and il 70.5, 70.9, 70.20b (d) and (e), 70.38, 70.51 (b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58 (g)(4), (k) and (1),'70.59, and 70.60 (b) and (c)-are issued under.sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). o I e 9 -l T* e _______m____,___,___.__________m_m____..._
e -4 2. Section 70.4 is amended by adding a definition for " Contiguous sites" in proper alphabetical. sequence, revising the-definition of " Formula quantity," revising paragraph (2) of the definition " Plutonium processing and fuel fabrication plant," revising paragraph (1) of the definition "Special nuclear material of low strategic significance," and revising the definition. of "Special. nuclear material of moderate strategic significance"'to read as follows: 5 70.4 Definitions. " Contiguous sites" means licensee controlled locations, deemed by the-Commission to be in close enough proximity to each other, that the special nuclear material must be considered in the aggregate for the purpose of-physical protection. " Formula quantity" means strategic special nuclear material in any -combination in_ a quantity of 5000 grams or more computed by' the formula, grams - (grams contained U-235) + 2.5 (grams U-233~+ grams plutonium). This class of material.is sometimes referred to as a Category.I-quantity of material. " Plutonium processing and fuel fabrication plant" *** (2).research and development activities involving _any of the operations ~ described in paragraph (1) of this definition except-for research and. l - development activities' utilizing unsubstantial amounts of plutonium. L* b 10 'l
a "Special nuclearimaterial of low strategic significance" means: .(1) _Less than an amount of special nuclear material of moderate strategic significance as defined in paragraph (1) of the definition of strategic nuclear material of moderate strategic significance in this section, but more than 15 grams of uranium-235 (contained in uranium enriched to 20 percent or more in U-235 isotope) or 15 grams of uranium-233 or 15 grams of plutonium or_the combination of 15 grams when computed by-the equation, grams --(grams contained U-235) + (grams plutonium) + (grams U-233); or q (2) Less than 10,000 grams but more than 1000 grams of uranium-235 i (contained in uranium enriched to 10 percent or more but-less than 20 percent-in the U-235 iso'. ape); or (3) 10,000 grams or more of uranium-235 (contained in uranium enriched above natural but less than 10 percent in the' U-235 Isotope). This class of material is sometimes referred to as a Category III-quantity of material.
- ~
"Special nuclear material of moderate strategic significance" means: (1) Less than a formula quantity of strategic special nuclear material but more than 1000 grams of uranium-235 (contai:ed in uranium enriched to 20 ~ percent.or more in the U-235 isotope) or more than 500 grams of. uranium-233 or' plutonium, or in a combined quantity of more than 1000 grams when computed-by-the equation,' grams =(grams contained U-235) + 2(grams-U-233 + grams plutonium); or (2) 10,000 grams or more of uranium-235 (contained in uranium enriched to 10 percent or more but less thanJ20 percent'in.the U-235 isotope). r t 11 l l ~
e 4 This class of material is sometimes referred to as a Category II quantity of material. 3. In 170.19, paragraph (a)(2) is revised to read as follows:. l 70.19 General license for calibration or reference ' sources. (a) (2)- Any Government agency as defined in 6 70.4 that holds a specific license issued by the Commission that authorizes it to receive, possess, use, or transfer byproduct material, source material, or special nuclear material; and 4. In s 70.22, paragraphs (h)(1) and (k) are revised to read: as follows: 'l 70.22 Contents of applications. (h)(1) Each application for a license to possess or use at any site or contiguous sites. subject to licensee control, a formula quantity of strategic special nuclear material as defined in i 70.4, other than a license for possession or use of this material. in the operation of'a ' nuclear. reactor licensed pursuant to Part 50 of this chapter, must Linclude.a physical security-plan ~ consisting of two parts. Part I must address vital equipment, vital-areas,- and isolation zones, and.must demonstrate how the applicant plans to , meet the requirements of $ l-73.20, 73.40, 73.45, 73.46, 73.50, ' 73.60, 73.70, and 73.71. of this chapter in the conduct of the activity to be -licensed, ~ including the-identification and description of jobs as required by ~10 CFR. II.11(a). Part II must list tests, inspections, and other means to 12. [
i demonstrate compliance with such requirements. (k) Each application for a license to possess or use at'any site or contiguous. sites subject to licensee control, special nuclear material of moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under s 70.4, other. than a license-for possession or use of this material in the operation of a nuclear power-reactor licensed pursuant 'to Part 50 of this chapter, must include a physical security plan that demonstrates how the applicant plans to meet the requirements of paragraphs (d), (e), (f), and (g) of 6 73.67, as appropriate. The licensee shall retain a copy of this physical security plan as a' record for the period during which the licensee possesses the appropriate type.and-quantity of special nuclear material under each license, and if any portion of' the plan.is superseded, retain that superseded portion of the plan for 3 years after the effective date of the change. 5. In s 70.32, paragraph (c)(3) is removed and paragraph (g) is. revised to read as follows: 0 70.32 Conditions of' licenses. (g) The licensee shall prepare and maintain safeguards contingency plan < procedures in accordance with Appendix C to Part 73 of.this chapter for
- bringing about the actions and decisions contained in the Responsibility Matrix of. its safeguards' contingency plan.- The licensee shall retain the current-safeguards contingency plan-procedures as a record -for the entire -
period during which the. licensee possesses'the appropriate: type 'and quantity-l 13 i h 1 4 -n-r
a of 'special nuclear material under each license.for which the procedures ~ were. developed and, if any portion of the plan is superseded, retain that i superseded portion for 3 years after the effective date of the-change. The licensee shall not make a change that would decrease the safeguards effectiveness of the first four categories of information (i.e., Background,. Generic Planning Base, Licensee Planning Base, and Responsibility Matrix)- contained in any licensee safeguards contingency plan prepared pursuant to il70.22(g),.70.22(j),72.184,73.20(c),73.26(e)(1),.73.46(h)(1),or 73.50(g)(1) of this chapter without the prior approval of the NRC. A'llcensee desiring to make such a change shall submit an application for an amendment to its license pursuant to 9 70.34. The licensee may make. changes to the licensee safeguards contingency plan without prior NRC approval' if the changes do not decrease the safeguards effectiveness of ~ the plan. - The licensee must-maintain each change to the plan made without prior approval as a record during the period for which possession of a formula quantity of special nuclear material is authorized under a license and retain the superseded-portion for 3 years after the effective date of the change and shall furnish a-report containing a description of each change within 60 days after the change-is made to the Director of Nuclear Material Safety and Safeguards, withia copy- - to the Regional Administrator of the appropriate' NRC Regional ' Office as; 1 .specified in Appendix A to Part 73 of this chapter. r: 14 q 'l 1
O n [ t. PART 72 -- LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 6. The authority citation for Part 72 is revised to read as follows: Authority: Secs. 51, 53, 57, 62, 53, 65, 69, 81, 161, 182, 183, 184, - l J 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as l' amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077,- 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); I sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021);.sec. 201, l as amended, 202, 206, 88 Stat. 1242, as amended, 1244,.1246 (42 U.S.C. 5841, I 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951-(42 U.S.C.'5851); sec. l 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. i 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157,- H 10161, 10168). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub..L.' 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d))'. Saction 72.46 also issued under sec.189, 68, Stat. 955.(42 U.S.C. 2239); sec. -134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203,- 101_ Stat. 1330-235 (42-U.S.C. '10165(g)). Subpart J also issued.under secs. 2(2),2(15),2(19),ll7(a),. 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203,2204,2222,2244,(42-U.S.C. 10101,10137(a),10161(h)). Subparts K and L are also issued under.sec. 133,. 98' Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96. Stat. 2252 (42 U.S.C. 10198). 15 4
,+ For'the purposes of sec 223, 68 Stat. 958, as amended (42 U.S.C. 2273);. 9 9 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, '.'2.32, 72.44(a), (b)(1),.(4), (5), (c), (d)(1), (2), (e),-(f), 72.48(a), 72.50(a), 72.52(b), 72.72(b), (c), 72.74(a), (b), 72.76, 72.78, 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.-130, 72.140(b), (c), 72.148, 72.154, 72.156, 72.160, 72.166, 72.168, 72.17n ??.172, 72.176, 72.180, 72.184, 72.186, are-issued under sec. q; 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 72.10(a), (e), 72.22,. 72.24, 72.26, 72.28, 72.30, 72.32, 72.44,(a),(b)(1), (4), (5), (c), (d)(1),(2),(e), (f), 72.48(a), 72.50(a), 72.52(b), 72.90(a)-(d), (f), 72.92, 72.94, 72.98, 72.100, 72.102(c), (d), (f), 72.104, 72.106, 72.120, 72.122, 72.124, 72.126, 72.128, 72.1?0, 72.140(b), (c), 72.142, 72.144, 72.146, 72.148, 72.150, 72.152, 72.154, 72.156, 72.158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 161i, 68 Stat. 949, as amended' (42 U.S.C. 2201(1)); and il 72.10(e), 72.11, 72.16, 72.22, 72.24, 72.26,. 72.28, 72.30, 72.32, 72.44(b)(3), (c)(5), (d)(3), (e), (f), 72.48(b), (c), 72.50(b), 72.54(a), (b), (c), 72.56, 72.70, 72.72, 72.74(a), (b), 72.76(a), 72.78(a), 72.80, 72.82, 72.92(b), 72.94(b), 72.140 (b), (c), (d), 72.144(a), 72.146, 72.148, 72.150, 72.152, 72.154 (a), (b), 72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174, 72.176, 72.180, 72.184, 72.186, 72.192, 72.212(b), 72.216, 72.218, 72.230, 72.234(e) and (g) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 7. In i 72.184, paragraph (a) is revised to read as follows: 9 72.184 Safeguards contingency plan. -(a).The requirements of the licensee's safeguards contingency plan for~ f 16 . m.
4. .A'. responding to threats and radiological sabotage must be as defined in Appendix C to Part 73 of this chapter. This plan must include Background, Generic -Planning Base, Licensee Planning Base, and Responsibility Matrix, the first four categories of information relating to nuclear facilities licensed under Part 50 of this chapter. (The fifth and last category of information, Procedures, does not have to be submitted for approval.) PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIALS 8. The authority citation for Part 73 continues to read as follows: Authority: Secs. 53, 161, 68 Stat. 930, 948, as~ amended, sec.'147, 94, Stat. 780 (42 U.S.C. 2073, 2167, 2201); secs. 201 as amended 204, 88 Stat. 1242, as amended, 1245 (42 U.S.C. 5841, 5844). Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425,' 36. Stat. 2232, 2241, (42 U.S.C. 10155, 10161). Section 73.37(f) is also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100' Stat. 876 (42.U.S.C. 2169). For the purposes of sec. 223, 68 Stat. 958,.as amended'(42 U.S.C. 2273); il 73.21, 73.37(g), and 73.55 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); 9 9 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and s s 73.20(c)(1), 73.24(b)(1), 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d), 73.46(g)(6) and'(h)(2), 73.50(g)(2),'(3)(iii)(B), and (h), 73.55(h)(2) and (4)(iii)(B), 73.57, 73.70,:73.71, and 73.72 are issued under sec.. 1610, 68 f 17
g
- g 3
Stat. 950, as amended.(42 U.S.C. 2201(o)).
- 9. Section 73.2 is amended by adding a' definition for " Contiguous sites"-
in proper alphabetical sequence, and revising the definitions of " Formula quantity," "Special nuclear material of moderate strategic significance," and. "Special nuclear material of low strategic significance" to read as follows: s 73.2 Definitions. " Contiguous sites" means licensee controlled locations, deemed by the Commission to be in close enough proximity to each other, that the special nuclear material must be considered in the aggregate for the purpose of physical protection. " Formula quantity" means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the. formula, 1, grams - (grams contained U-235) + 2.5 (grams U-233 + grams plutonium).- This class of material is sometimes referred to as a Category I quantity of material. -l v ~ "Special nuclear material-of low strategic significance" means: (1) Less than an amount of special nuclear material of moderate strategic significance as defined in paragraph (1) of the definition of strategic nuclear material of moderate strategic significance in this section, but more than 15 grams'of uranium-235 (contained in uranium enriched to 20 percent.or more in U-235 isotope) or 15 grams o'f uranium-233 or 15 grams of' plutonium or the' combination of-15 grams when computed by -the equation, 18 n m.
4 ) b [d 1 grams: -(grams contained U-235) +. (grams plutonium) +-(grams U-233); or ~ (2) Less than.10,000 grams but more than-1000 grams of uranium-235 (contained -in~ uranium enriched to.10_ percent or more but less than 20 ~ percent in the U-235 isotope); or (3) 10,000 grams or more of uranium-235 (contained in uranium enriched' above natural but less than 10 percent in the U-235_ Isotope). This class of material is-sometimes referred to as a _ Category III- ~ quantity of material. "Special nuclear material of moderate strategic significance aeans: (1) Less than a formula quantity of strategic special. nuclear material but more.than 1000 grams of uranium-235 (contained in uranium enriched to 20-percent or more in the U-235 isotope) or more than 500 grams of uranium-233lor plutonium, or in'a combined quantity.of more-than 1000 grams-when computed by-the equation, grams =(grams contained U-235)+2(grams U-233+ grams plutonium); or l (2) 10,000 grams or more of. uranium-235 (contained in uranium enriched r to 10 percent or.more but less than 20 percent -in_ the U-235 isotope). This class of material is sometimes referred to as a Category II - quantity of material. 10. In s 73.20, paragraph (b)(3) is redesignated _ as paragraph (b)(4), a new paragraph (b)(3) is added, and paragraphs (b)(2) and (c) are revised'to read'as follows: s 73.20. General performance objective and requirements. ) r 19 j e
o. (b). (2) Is designed with sufficient redundancy and ' diversity to ensure maintenance of the capabilities described in-s s 73.25 and 73.45; (3)- Includes a' safeguards contingency capability that'can meet the criteria in Appendix C to this part " Licensee Safeguards Contingency Plans;" j and (c) Each licensee subject to the. requirements of paragraphs.(a) and (b) of this section shall establish, maintain, and follow NRC-approved safeguards I physical protection and safeguards contingency plans.that describe'how the-licensee will comply with the requirements of paragraphs (a) and (b) of'thisL section. 11. In s 73.26, paragraph (h)(6) is revised to read as follows: 1 9 73.26 Transportation physical protection systems, subsystems, components, and procedures. (h) Test and Maintenance Proarams. *** (6) The transportation security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program. The review must include an audit of transportation. security procedures and practices, an' evaluation of the effectiveness of the transportation physical protection system, fan-audit of-the transportation-physical protection. system testing and maintena'nce program, and an audit of-commitments established'for response by local law enforcement' authorities. 20 i
4 1 I I =. The results and recommendations of the review, management's findings on whether the transportation security program is currently effective, and.any actions taken as a result of recommendations from prior reviews, must be documented in a report to the responsible organization management and to corporate management at least one level higher than that having responsibility for the day-to-day plant operation. These reports must be maintained-in an auditable form, available for inspection for a period of 3 years. l 73.40 [ Amended]. 12. In 9 73.40, paragraphs (b), including footnote 1, (c), and.(d)! are removed. 13. In 173.46, paragraphs (g)(6) and (h)(1) are revised to read as follows: 9 73.46 Fixed site physical protection systems, subsystems, components, and procedures. (g) Test and Maintenance Proarams. *** (6) The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation ~ of the security program. The security program review must include an audit of security procedures and practices, an evaluation of the effectiveness of the physical protection. system, an audit of the physical protection system testing and maintenance f 21 I a
9 program, and an audit. of commitments establish'ed for response by local law ~ enforcement authorities. The results and recommendations-of the security program review, and any; actions taken,.must'be documented in a report to the licensee's plant manager and to corporate management-at 'least one level higher. - than that having' responsibility for the day-to-day plant operations. 'These - reports must be maintained in an auditable form, available for inspection for a period of 3 years. (h) Continaency and response olans and orocedures. (1) The licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for responding to threats, thefts, and radiological sabotage related to. the strategic special nuclear material and nuclear facilities subject to.the provisions of this section. Safeguards contingency plans must be in e accordance with the. criteria in Appendix C to this part, " Licensee Safeguards' Contingency Plans." Contingency plans must include, but not limited to, the response requirements listed in paragraphs'(h)(2) through (h)(5) of this section. The licensee shall retain the current safeguards contingency plan as a record until the Commission terminates-the license and, if any portion of the plan is superseded, retain that superseded portion-for 1 years after the effective.date of change. 14. In i 73.50, paragraphs (g)(1) and (h) are revised to read as follows: 5 73.50 Requirements for physical protection of licensed ' activities.- t 22
't'. (g); Response reauirement...(1) ~ The licensee shall' establish, maintain, and. follow an NRC-approved safeguards contingency plan.for responding to v threats, thefts, and radiological sabotage related to the special. nuclear - material and. nuclear facilities subject to the provisions of this section. Safeguards contingency plans must be in accordance with'the criteria in Appendix C to this part, " Licensee. Safeguards Contingency Plans.".The licensee shall retain the current safeguards contingency plan as a-record until the Commission terminates the license and, if any portion of the plan 'is superseded, retain the superseded portion for 3 years after the effective date of the change. (h) ~ Each licensee shall establish, maintain,. and follow an NRC-approved training and qualifications plan outlining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped,' tested, and qualified to ensure that these ' individuals meet the requirements of paragraph (a)(4) of this section. 15. In 6 73.55, paragraphs (b)(4)(ii), (g)(4), and (h)(1) are revised to read as follows: 9 73.55 Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage. ( 23
1 4 : (b)*** (4)*** (ii) Each licensee shall establish,- maintain, -and follow an' NRC-approved training and qualifications plan outlining.the processes by which guards, watchmen, armed. response persons, and other members of the. security organization will be selected, trained, equipped, tested, and qualified to-ensure that these individuals meet the requirements of this paragraph. The licensee shall maintain the current training and qualifications plan as 'a. record until the Commission terminates the license for which the plan ~was developed and, if any portion of the plan is superseded, retain that i superseded portion for 3 years after the effective date.of the change. The training and qualifications plan must include a schedule to show how all security personnel will be qualified 2 years after the submitted-plan is approved. The training and qualifications plan must be followed by the. licensee 60 days after the submitted plan is approved by the NRC. (g) 1 (4) The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have-direct responsibility for implementation of the security program. The security program review must include an audit of security procedures and e practices, an evaluation of the effectiveness of the physical protection system, an audit of the physical protection system testing and maintenance program, and an audit of commitments established for response.by local law enforcement authorities. The results and recommendations of thef security; program review, management's' findings on whether the. security program is 24 k i w
i .- I s - t k' currently effective, and any actions taken as a result of recommendations from - prior program reviews must be documented in a report to,the licensee's plant: manager and to corporate management at least one level higher than that having responsibility for the day-to-day' plant operation. These reports must be - maintained in an auditable form, available for inspection, for a period of 32 years. (n) Response reouirement. (1) The licensee shall establish, maintain ~,. and follow an NRC-approved safeguards contingency plan for responding to - threats, thefts, and radiological sabotage related to the nuclear facilities subject to the provisions of this section. Safeguards. contingency plans must be in accordance with the criteria in Appendix C to this part, " Licensee Safeguards Contingency Plans." i
- 16. In 6 73.60, the introductory paragraph ~and paragraph (e) are revised to read as follows:
9 73.60 Additional requirements for the physical protection of special nuclear material at nonpower reactors. Each nonpower reactor licensee who, pursuant to the requirements of Part'~ 70, possesses at any site or contiguous sites subject to control' by the licensee uranium-235 (contained in uranium enriched to 20 percent or more in ~
- the.U-235 isotope), uranium-233, or' plutonium, alone or in any combination in :
a-quantity of 5000 grams or more computed by. the formula,' grams.= (grams-contained U-235) + 2.5 (grams U-233 + grams plutonium), shall protect the special nuclear material' from' theft or diversion pursuant to the requirements of paragraphs 73.67(a), (b),'(c), a,nd-(d),:in addition to this section, except 25 --.-- ----.----.-..---.l.-...
c. k that a licensee is exempt-from the requirements of. paragraphs '(a), ~(b), (c), (d), and (e) of_ this section to the extent that :it. possesses or uses special-nuclear material that is~not readily separableffrom other radioactive material and that has a total external radiation dose rate in excess.of 100. rems per-hour at a distance of 3 feet from any accessible surface without intervening: shielding. (e) Response recuirement. Each licensee shall establish, maintain,-.and follow an NRC-approved safeguards contingency plan for responding.to threats, thefts, and radiological sabotage related to-the special nuclear material and' nuclear facilities subject to the provisions of this section. Safeguards contingency plans must be in accordance with the criteria in Appendix C 'to this part, " Licensee Safeguards Contingency plans." f 17. In 5 73.67, the introductory text of paragraphs -(c), (d), and '(f): and paragraph (c)(2) are revised to read as follows: 1 73.67 Licensee fixed site and in-transit-requirements for the. physical protection of special nuclear material of moderate and low strategic significance. (c) Each licensee who possesses, uses, transports, or delivers to a carrier for transport special nuclear material.of moderate strategic sig-nificance, or.10 kg or more of.special nuclear material of. low' strategic - l 4 significance shall: r 26 i 1 a'
a ..1 l n. (2). Within 30 days after.the plan submitted pursuant to paragraph ? (c)(1) of this section is approved, or when specified by the NRC in writing,- implement-the approved security plan. (d) Fixed site reauirements for special nuclear material of moderate strateaic sianificance. Each licensee who possesses, stores, or uses quantities and types of special nuclear material of moderate strategic significance at a fixed ite or contiguous sites, except-as allowed by. paragraph (b)(2) of this section and except those who are licensed to operate, a nuclear power reactor pursuant to Part 50, shall: (f) Fixed site reauirements for special nuclear material of low strateoic sianificance. Each licensee who possesses,. stores, or~uses special nuclear material of low strategic significance at a fixed s;tc or contiguous sites, except those who.are licensed to operate a nuclear power reactor pursuant to Part 50,.shall:
- 18. 'In 5 73.70, paragraph (c) is revised to read as follows:
9 73.70 Records. (c) A register of visitors, vendors, and 'other individuals not employed by the licensee pursuant to. s s 73.46(d)(13), 73.55(d)(6), or 73.60. The licensee shall retain this register as a record, available-for inspection, for 13 years after the last entry is made in the. register. i f 6 27 e
A 19. In Appendix B to Part 73, the Introduction is revised to read ~ as follows: APPENDIX B TO PART 73 - GENERAL CRITERIA FOR SECURITY PERSONNEL Introduction Security personnel who are responsible for the protection of special 4 nuclear material on site or in transit and for the protection of the facility - or shipment vehicle against radiological sabotage should, like other elements of the physical security system, be required to meet minimum criteria to ensure that they will: effectively perform tneir assigned security-related job duties. -In order to ensure that those individuals responsible for security. are properly equipped and qualified to execute Lthe: job duties prescribed.for them, the NRC has developed general criteria that specify_ security personnel-qualification requirements. These general criteria establish requirements for the selection, training, equipping, testing, and qualification of individuals who will be responsible 'for protecting special nuclear. materials, nuclear facilities, and + nuclear shipments. When required to have security personnel that have been~ trained, equipped, and qualified to perform assigned security job duties in accordance with the criteria in this appendix, the licensee:must establish, maintain,-and-follow ~ a plan that shows.how the criteria will be met. The plan ~must be-submitted to. the NRC for approval Land.must be-implemented within 30 days after -approval by the NRC.unless otherwise specified'by the NRC in-writing. .c 28 i
f; n; 4
- 20. In Appendix C to Part 73, the Introduction is-revised andia new section on Audit and Review is added to read as'follows:
APPENDIX C T0 PART 73 - LICENSEE SAFEGUARDS' CONTINGENCY' PLANS ( Introduction A licensee safeguards contingency plan is a documented plan to give guidance to licensee personnel in order to accomplish specific defined objectives in the event of threats, thefts, or radiological sabotage relating to special nuclear material or nuclear facilities licensed under the Atomic Energy Act of 1954, as amended. An acceptable safeguards contingency plan must contain (1) a predetermined set of decisions and actions to satisfy stated objectives, (2) an identification of the data, criteria,' procedures, 'and mechanisms necessary to efficiently implement the decisions, and (3) a stipulation of the individual, group,' or organizational' entity respons'ibleifor -each decision and action. The goals of licensee safeguards contingency plans forf responding to threats, thefts, and radiological sabotage are: -(1) to organize the' response ' effort at the licensee level, (2) to provide predetermined, structured responses by licensees to safeguards contingencies, (3) to-ensure.the integration of-the licensee response with the' responses by other entities, and (4)- to achieve a measurable performance in response capability. Licensee safeguards contingency planning should result in organizing the licensee's resources in such a way that the participants will be identified, their several responsibilities specified, and the res'ponses coordinated. The responses-should be timely. f 29
~ '
- 4..:,
'r g..., % It is important.to note that a licensee's safeguards contingency 1 plan:is. intended to be complementary to any emergency plans developed pursuantEto-Appendix E to Part 50 or to I 70.22(i)' of this chapter. Contents of the Plan-Audit and Review At intervals not to exceed 12 months,.the licensee shall provide for a' review of the safeguards contingency plan by individuals independent of both security program management and personnel who have direct responsibility forJ implementation of the security program. The review must include an audit of safeguards contingency procedures and practices, and an audit.of commitments established for response by local law enforcement authorities. The licensee shall document the results and the recommendations of the - safeguards contingency plan' review, management findings on whether.the safeguards contingency plan is currently effective, and any' actions -taken as^a result of recommendations from prior reviews in a report to' the licensee's plant manager and to. corporate management at'least one level higher.than that: having responsibility for the day-to-day plant. operation. 'The report must'be. maintained in an auditable form, available for inspection for a period of 3~
- years.
30 I
4 4 PART 75 -- SAFEGUARDS 10N NUCLEAR MATERIAL - IMPLEMENTATION OF US/IAEA AGREEMENT
- 21. The authority citation for Part 75 continues to read as follows:
Authority: Secs. 53, 63,-103, 104, 122, 161, 68 Stat. 930, 932, 936,. t . 937, 939, 948, as. amended (42 U.S.C. 2073, 2093,'2133,-2134,.2152, 2201;,sec. 201, 88 Stat. 1242 as amended, (42 U.S.C. 5841). Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 96. Stat. 2232, 2241 (42-U.S.C. 10155, 10161). For purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), the provisions of this part are issued under sec. 1610, 68 Stat. 950, as-amended (42 U.S.C. 2201(o)). 22. In i 75.4, paragraph (f)(1) is revised to. read as. follows: s 75.4 Definitions. (f) " Effective Kiloaram" means a unit used in safeguarding nuclear. material. The quantity is: I r 31
1 .g t (1) For special nuclear materiali The. amount specified in 6 70.4 off - this chapter. Dated at Rockville, Maryland-this_- day of- , 1992. For the Nuclear Regulatory Commission. James M. Taylor, Executive Director for Operations. b i F f a 4 32'
4 s ' 4. ENCLOSURE B I e i t ( t i 9 - - - - - - -. ~.
.m ~ DAILY. STAFF NOTE TO THE COMMISSION OFFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Sioned by ED0' On ,1992, the Executive Director for Opera' ion ~(EDO):-approved 'a t final rule that.would amend 10 CFR Parts 70, 72, 73,.and 75, " Minor Amendments to the Physical' Protection Requirements." The' changes-will: '(1) supplement-the definitions ' sections, (2) delete action dates. that no. longer apply, (3)- correct outdated terms and cross references,. (4) clarify wording that is ' susceptible to varying interpretations, (5) correct typographical errors, and (6) make_other minor changes. This constitutes notice to the. Commission! that,-in accordance with the rulemaking authority-delegated to the EDO, the ED0 has-received this final rule and proposes to forward it on to the Office-of the. Federal Register for FR publication, unless otherwise directed by the Commission. Date James M. Taylor,. Executive Director for Operations. t e n
3: Approved for Publication-The Commission. delegated to the EDO (10 CFR 1.31(' )(3) the authority ~ to a -develop.and promulgate rules as defined in the APA (5 U.S.C. 551 (4)).. subject to_ the limitations in NRC Manual Chapter 0103, ' Organization and Functions, Office of the-Executive Directive for.0perations, paragraphs 0213, 038, 039, and 0310. The enclosed. final rule entitled " Minor Amendments to the Physical-Protection Requirements" amends 10 CFR Parts 70, 72, 73, and 75, to: (1) supplement the definitions sections,- (2) delete action dates-that no-longer apply, (3) correct outdated terms and ' cross re.ferenses, (4) clarify wording that is susceptible to differing interpretations,:(5) correct typographical errors, and (6) make other minor. changes. This final rule.neither constitutes a significant question of-policy, nor amends regulations-contained in 10 CFR Parts 7, 8, or 9 Subpart C-concerning matters of policy. I therefore find that this rule is within. the scope of my rulemaking authority and am proceeding to i: sue it. Date James M. Taylor, Executive Director for Operations. i .f.
4 e 9, o ENCLOSURE C 4 1 i I i i 1 i 1 r
- g..
7-.- A: _1 c yj-:'. t .. UNITED STATES ..i! " - - - I,n. . NUCLEAR 9EGULATORY COMMISSION 'j $1 WASHINGTON, D, C. 20555. t ~
- k...
[ ] q.. i ~ The Honorable' Philip R. Sharp, Chairman. -Subcommittee on Energy.and Power-1 Committee on. Energy.and Commerce ' United. States HouseLof Representatives Washington, DC'20515-
Dear Mr.-Chairman:
1 The NRC has sent 'to the Off. ice -of the Federal' Reaister for publication' the, enclosed final amendments to the Commission's rules in 10 CFR Parts -70, 72,. 73, and 75. The: final changes will:(1) supplement: the definitions;. sections,. -(2)' delete action dates that no longer apply,'(3) correct outdated-terms"and .1 cross references, (4) clarify wording that isisusceptible to differing. interpretations, (5) correct typographical errors, and (6) make;other minor. ichanges. These administrative changes have -no significant-impact and affect; the public, industry,1 and NRC only-insofar ~as they make the regulations' easier to. J understand, implement, and enforce. Sincerely, Dennis-K. R'athbun, Director Office of Congressional? Affairs -
Enclosure:
Final Amendments to -10 CFR Parts 70, 72,'73,-and 75 i . cc: Representative Carlo's J. Moorhead /
- I e
d 9
4. The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Reaister for publication the enclosed final amendments to the Commission's rules in 10 CFR Parts 70, 72, 73, and-75. The final' changes will (1) supplement the definitions sections, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording that is susceptible tn differing interpretations, (5) correct typographical errors, and-(6) make nttar minor changes. These administrative changes have no significant impact and affect the public, industry, and NRC only insofar as they make the regulations easier to understand, implement, and enforce. Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Amendments to 10 CFR Parts 70, 72, 73, and 75 cc: Representative Carlos J. Moorhead Distribution: [CONG.LET] Subj-circ-chron Reading Files \\SBahadur EBeckjord CHeltemes BMorris FCostanzi JTelford STurel 'Offc: RDB:DRA:RES RDB:DRA:RES RDB:DRA:RES DD:DRA:RES D:DRA:RES DD:G1R:RES D:RES Name: STurel:lc x JTel ford 4 SBahadur t-FCostanziw BMorris
- CHeltemes A EBeckjord+
Date: 02/ /92-02/ ~/92 '02/ /92 02/ /92. 02/ /92 02/ /92 02/ /92 Offe: ED0 OCA: Name: JMTaylor DRathbun
- Date:
02/ /92 02/ /92 0FFICIAL RECORD COPY 4A.J % ce+a w,
o mn> b 'q UNITED STATES ! " ),, - g NUCLEAR REGULATORY COMMISSION { ag WASHINGTON, D. C. 20555 \\+, ,JF ....+ The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Reaister for publication the enclosed final amendments to the Commission's rules in 10 CFR Parts 70, 72, 73, and 75. The final changes will. (1) supplement the definitions sections, (2) delete action dates that no longer apply, (3) correct outdated terms and-cross references, (4) clarify wording that is susceptible to-differing interpretations, (5) correct typographical errors, and.(6) make other _ minor changes. These administrative changes have no significant impact and affect the public, industry, and NRC only insofar as they make the regulations easier to understand, implement, and enforce. Sincerely,- Dennis K. Rathbun, Director Office of Congressional Affairs-
Enclosure:
Final Amendments to 10 CFR Parts 70, 72, 73, and 75-cc: Senator Alan K. Simpson t
a t 4' The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the'0ffice of the Federal Reaistet for publication the enclosed final amendments to the Commission's-rules in 10 CFR Parts 70,~72, 73, and 75. The final changes will (1) supplement the definitions. sections, (2) delete action dates that no longer apply, (3) correct outdated terms.and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and-(6) make other minor changes. These administrative changes have no significant impact and affect the public, industry, and NRC only insofar as they make the regulations easier to understand, implement, and enforce. Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Amendments to 10 CFR-Parts 70, 72, 73, and 75 cc: Senator Alan K. Simpson Distribution: [CONG.LET] Subj-circ-chron Reading Files \\SBahadur EBeckjord CHeltemes BMorris FCostanzi JTelford STurel
- 0ffc:
RDB:DRA:RES RDB:DRA:RES RDB:DRA:RES DD:DRA:RES D:DRA:RES DD:GIR:RES D:RES~ i Name: STurel:lc & JTel ford + SBahaduriF-FCostanzid BMorris & CHeltemes *- EBeckjord ~- Date: 02/ /92 02/ /92 02/ /92 02/ /92, 02/ /92. 02/ /92 02/ /92 10ffc: ED0 OCA: -Name: JMTaylor DRathbun Date: 02/ /92 02/ /92 r 0FFICIAL RECORD COPY 4 A y ec-<ae= w.
4 y + .a. ..m in f a-. a~a en4~ n-1 I 4;;9 ; e "Y. O- ? J f"#4 o . UNITED STATES. 7[ " ' ~' " g . NUCLEAR REGULATORY COMMISSION {? t; - E-WASHINGTON, D. C. 20555 ?% * *,..) j The. Honorable Peter & Kostmayer,' Chairman. y . Subcommittee on Energy.and the Environment Committee on Interior and Insular l Affairs United. States House of Representatives. 1 Washington,:DC: 20515
Dear"Mr. Chairman:
The NRC has;.sent to the Office of the Federal' Reaister for publication the-enclosed final-. amendments to the Commission's rules in 10 CFR Parts 70,- 72,. a 73, and 75. The final' changes-will (1) ~ supplement the definitions sections,. "3 (2) delete action dates that no longer apply, (3) correct outdated terms and-cross references, (4) clarify wording that is_ susceptible to differing interpretations,. (5) correct typographical errors, 'and (6) make other minor-changes. These administrative changes have no significant impact 'and-affectL the' public,- industry,.and NRC only insofar as they make the regulations. easier toL - understand, implement,' and' enforce. 1; Sincerely; S 4 Dennis K. Rathbun,' Director' l Office of Congressional Affairs.
Enclosure:
Final Amendments to 10 CFR Parts 70, 72, 73,.and 75- 'cc:. Representative John J. Rhodes ..j i f i M 5 p_ f
- n n
- The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy:and the' Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed' proposed amendment to extend the fitness-for-duty requirements contained in 10 CFR Part 26 to licensees authorized to possess, use, or transport Category I Material, i.e., a formula quantity of strategic special nuclear material (SSNM). This amendment will provide greater assurance that those employees who have a drug or. alcohol problem will not have unescorted access to, will not be responsible for-transporting, will not guard, will not be involved in the measurement of Category I Material, and will not be responsible for the safeguards records. Those employees who have a drug or alcohol problem and who have access to Category I Material or associated records, could be more easily coerced into participating in a diversion of SSNM. This situation could become a safeguards problem.which would be inimical to the national defense and security. Existing regulations do not address this problem for licensees who possess, use, or transport Category I Material. Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated cc: Representative John J. Rhodes Distribution: [FFDCONG2.WRI] Subj-circ-chron Reading Files \\SBahadur DRathbun (0CA) JMTaylor (ED0) EBeckjord ~ CHeltemes BMorris FCostanzi ' JTel ford STurel
- See Previous Concurrence in Offc: RDB:DRA:RES RDB:DRA:RES RDB:DRA:RES DDTDRA:RES D:DRA:RES DD:GIR:RES D:RES AJ Name-STurel:lc*
JTel ford * - SBahadur* FCostanzi* BMorris*' CHeltemes* EBeckjord Date: 02/12/92 02/25/92 02/28/92 03/16/92 - 03/16/92 03/23/92 02/>f/92 Offc: ED0 OCA: Name: JMTaylor DRathbun 4 Date: 02/ /92 02/ /92 0FFICIAL RECORD COPY
w----,-___._ 4 o i i 1 i i ENCLOSURE 2 - - - - - ~ _ _ _ _ _
. 3 t L 4. 9 4 ENCLOSURE 2 3 O s f e t
i Morris o .O UNITED STATES Telford/Turel -n 0-E NUCLEAR REGULATORY COMMISSION RM 135 Y WASHINGTON, D.C. 2%55 pt ' 4, ,/ June 26, 1992 JoAy ul 51 u fo r-yo & 'l Co A MEMORANDUM FOR: Dr. Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research j FROM: Brian K. Grimes, Director g[4 ' Division of Reactor Inspection and Safeguards Office'of Nuclear Reactor Regulation
SUBJECT:
CHANGES TO PHYSICAL PROTECTION REQUIREMENTS MINOR AMENDMENTS RULE PACKAGE At a meeting ' held in Jim Sniezek's office on June 2, 1992, it was decided to-re-evaluate a proposal in the subject rulemaking package that would restore an - inadvertently omitted sentence in 73.55 (d), " Access Requirements." There were a number of questions raised as to what the sentence was trying to accomplish.i We have re-evaluated this matter and recommend that the sentence; not be reinsirtid.~ We consider the primary concern with the sentence bein'g: omitted (i.e., a signal to licensees that vital areas could be ' opened up' to the public) can best be addressed by inclusion of revised wording to the statements of consideration. Enclosed is our proposal for changes to.the rulemaking package to implement this approach. ? y Brian Grimes, Director Division of Reactor Inspection and Safeguards Office of Nuclear Reactor Regulation
Enclosure:
Proposed Changes to Rulemaking Package i ,u d\\\\ 'l 0F / 0\\'kD y- , a##*
c._ - r 6 (rn % <' M cM 3 regulations covering security requirements for the. specific class of licensee '(i.e., il 73.20, 73.25, 73.26, 73.40, 73.46, 73.55, 73.60). 2. To avoid possible confusion, definitions of the commonly used tems Category I, Category II, and Category III have been added to the definitions sections of 10 CFR Parts 70.and 73. A formula quantity of strategic special nuclear material is sometimes referred to as a Category I quantity of material; special nuclear material of moderate strategic significance is sometimes referred to as a Category II quantity of material; and special nuclear material of low strategic significance is someti:nes referred to as a Category III quantity' of material. The current regulations do not include these c'ategory designations, although they are sometimes used. 3. Inconsistencies among the genera"1 auditing requt_rements have been removed for the safeguards contingency plans and physical security programs of transportation and fuel cycle licensees who possess Category I material. Inconsistencies in both the content of the audits and resultant follow-up actions have been eliminated. The record retention period for results of [_ a these audits is being made consistent at 3 years. An in dvertently omitted sentence that addresses access to vital: 0 / l ar s a' pow reactors as been inserted in i 73.55 d)(7).to e ure that o errone s views are eld by censees tha the dele on of the entence as a " sign " that vit areas c id be " ope d up" to ublicsiptseeingtours' cr
- en house vi ts" with ut close 11 nsee over ight. Li '.isees are ll l
rently requi ed by 73 5(d)(7)(1)tohave ' access au oriz&tio system c o'11mitunescortedaccesstovita)areasdur / ngnonemegencycond ions to individuals who require access in' order to perform the'ir duties,./ Moreove*, 3
s the spe fic wording that w reinserted w contained n 10 CF fart 7 for a num' r of year precedin 1986. Corre ing this i dverten omissi does not gnal any c ange in ission po cy or prac ce in this regard. 4/ g. A definition for the term
- contiguous sites" has been added to 10 CFR Parts 70 and 73.
In the final definition, the words "...means locations subject to the contro1 of a licensee....' have been grammatically changed to read "...means licensee controlled locations,...." In addition, the words ...and for the possession, use, or storage of special nuclear material..." have beer, deleted from the definition since they generally appear in the introducto'ry language of applicable regulations. Action dates that have passed have been eliminated. The outdated teha " industrial sabotage" has been replaced by the current term " radiological sabotage.' Incorrect references to parts of the regulations that have been moved or deleted have been corrected. Paragraph designations in references, in other parts of the regulations, to definitions in i 70.4 have been removed because those' designations were ~ deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR 14051). Several areas in the regulations have been clarified where the wording ;as susceptible to differing interpretations. The notification I requirement for changes to the safeguards contingency plan that do not decrease the plan's effectiveness has been revised to' require that the ' original be sent to the NRC headquarters office with a copy to the regional office, instead of vice versa. Finally, several typographical errors have been corrected. i' i i 4 l
. ~. . - + .,q;;;g
SUMMARY
Of?PUBLIC. COMMENTS Three letters of comment were received: two from nuclear power plant' . licensees and one' from NUMARC, an umbrella organization of the nuclear power r1 industry whose membership includes avairy utility responsible forl constructing. .or operatir a comercial nuclear power _ plant in the United' States. Copies of comma. .ers are available for public inspection and copying for a feeLat the NRC Public Document Room at 2120 L Street NW. (Lower Level), Washington, DC. H1 All three commenters_-a r ssed only the amendment th would storgth@ k* finadvertently omitted(s'entencbWl' 73.55 (d),' Access Requiremenk It k -. -~. reads: " Access to vital areas for the purpose of general familiarization and other nonwork-related activities may'not b authorized except for good.cause-shown to the licensee." This sentence follows the requirement in i 73.55 S. -(d)(7)(1) that the licensee " Establish an access authorizat' ion' system to limit' cnescorted access to vital areas during non-emergency conditions to'- ] 7 [n individuals who require access in order to perform their duties." - --- ~ The first commenter stated that the restrictions [ presumably made \\ 7 entence) should be withdrawn to: allow tours with thek xplicit by the inser .\\ 3+ l ,_ provision of ap priate security measures _to_ ensure plant.safetyi... and that /7 I 'This change would' limit access-to nucles-41 ant vital; areas. even when 'unders ( a, Lescort." With regard to this commen) the 5 of the~ Supplemeritary Info tion. \\( ~ f pub) shed with the proposed rulpVs'tated that the inadvertent omissi of the" subject ~ sentence should not$ construe as al signal'/that.4 al areas could. Ibe t visits's l ~ )x ' ?' opened up' to 'public sigh'seeing tours' or 'open,hoti .+ qwithout close licensee oversicht' [ emphasis added)./ The re-insertion of thisi f Q' i -5 i ) ~ /,.
a Insert The first commenter stated that restrictions [ presumably made explicit by the inserted sentence] should be withdrawn to allow tours with the provision of appropriate security measures to ensure plant safety and that "This change would limit access to nuclear plant vital areas even when under escort." Another commenter asserted that the inserted sentence "needs clarification" but did not specify what additional clarification was required. The third commenter stated that it would be beneficial if a definition of " good cause" were provided by the Commission in the rule and if additional guidance were provided as to what constitutes nonwork-related activities. The NRC agrees that the subject sentence is not clear, particularly with respect to how it applies to escorted persons, and has decided to not reinsert the sentence. As stated in item 5 of the Supplementary Information published with the proposed rule, the NRC was concerned that the inadvertent omission of the sentence would be construed as a "' signal' that vital areas could be ' opened up' to 'public sightseeing tours
- or 'open house visits
- without close licensee oversight." The NRC continues to be concerned about unnecessary escorted personnel traffic in vital areas, especially the control room, but considers that licensee security plans generally provide an adequate basis for control of such practice. The NRC concludes that licensee security plans, in implementing 10 CFR 73.55(d)(7), would not permit licensees to grant access to persons, either unescorted or escorted, who have no legitimate purpose for such access and that prior to granting escorted access licensees would consider escort to visitor ratios and other controls. Means of achieving the purpose of the visit without entering vital areas would be considered such as touring the control room simulator rather than the control room.
Examples of legitimate small tours, which might include brief_ access to vital areas, could include government officials, press or local science teachers. In summary, visitors should not be permitted access to vital areas at operating sites unless there is a good reason and with due consideration for plant and personnel safety and radiological concerns. i
r ] 's.-- a [ requirement is to deter indiscriminate wide-spread public tours of vital \\ /eclude a licensee from conducting public to gwhen areas. It does not [ deemed appropr e, if close supervisi over established s ty and i safeguards ontrols is maintained (( J e second comenter as rted that the ins ed sentence "needs j ~ t / clarification" but did no specify what addi nal clarification was required. s nfithregardtothise ent, further on the supplementary info stion to the proposed rule he NRC notes th " Licensees are assigned he responsibility or making final tal area access decisi s in accordance with k k the past pr tices and prov ons under the approve ecurity plans." The NRC j i believes hat the senten is suf ficiently clear he third co ter stated that it wo d be beneficial if a defin tion 1 of good cause" re provided by the to ssion in the rule and 1 - dditional ~ guidance wer provided as to what co titutes nonwork-relate etivities. In this gard, the NRC believes at " good cause' and
- nwork-rel'ated '
activ ies' are not new terms nd 'do not require def ition, having prev usly \\ appeared in i 73.55 before he seinence was inad rtently dropped. Therefore, no changes h3 e been made to the endments in res e to public '. 2/ { Q'"t-Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in the categorical exclusion in'10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment. has been prepared for this regulation. l_ 6 . - -.}}